State law over city law: what a general law city can and can't do

Williams makes its own ordinances, but only inside limits set by state law. This lesson covers where the city's power comes from, when state law overrides it, and how an ordinance becomes law.

The source of city power

"A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." (Art. XI, §7) Verified1

The Government Code repeats the limit for general law cities: "The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States" (Gov. Code §37100) Verified2. Full lesson: Article XI.

Preemption by state law

"If otherwise valid local legislation conflicts with state law, it is preempted by such law and is void" (Sherwin-Williams Co. v. City of Los Angeles, 1993) Verified3. A conflict exists if the local law "duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication" Verified3.

Courts don't find a contradiction lightly: when a local ordinance "does not prohibit what the statute commands or command what it prohibits," the ordinance is not "inimical to" the statute (Big Creek Lumber Co. v. County of Santa Cruz (2006) 38 Cal.4th 1139) Verified4.

Our reading: the question for any Williams ordinance is concrete: is there a state statute on the same subject, and can you obey both?

General law vs. charter cities

• Charter cities adopt a charter by vote (Art. XI, §3). On "municipal affairs" their ordinances can prevail over state law (Art. XI, §5(a)) Verified1. Even then, state law wins on matters of "statewide concern" (California Fed. Savings & Loan Assn. v. City of Los Angeles (1991) 54 Cal.3d 1) Verified5.
• General law cities follow state law: "Cities organized under the general law shall be 'general law cities'" (Gov. Code §34102) Verified6.

Williams "was made a General Law City on May 20, 1920" Verified7.

The offices state law requires

"The government of a general law city is vested in: (a) A city council of at least five members. (b) A city clerk. (c) A city treasurer. (d) A chief of police. (e) A fire chief. (f) Any subordinate officers or employees provided by law" (Gov. Code §36501) Verified8. See Who decides?.

How an ordinance becomes law

1. Introduction and a five-day wait. "Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting" (Gov. Code §36934) Verified9.
2. Public agenda. The item has to be on an agenda posted at least 72 hours before a regular meeting (Gov. Code §54954.2) Verified10.
3. Effective date. "Ordinances take effect 30 days after their final passage," with exceptions such as urgency ordinances "passed by a four-fifths vote of the city council" (Gov. Code §36937) Verified11.
4. Referendum window. Voters can challenge many ordinances by referendum before they take effect; see Article II.

What a violation is

"Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction" (Gov. Code §36900(a)) Verified12. Williams' own charging rule is discussed in How it ties to Williams.

In Williams

Table source: Verified1,8,9,11,13

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.